may be used to award grants or to pay administrative costs associated with a grant program established under subsection (a).". (l) part c of title vii of the (l) part c of title vii of the public health service act (42 u.s.c. 293k et seq.) is amended- (1) after the part heading, by inserting the following: "subpart i-medical training generally"; and (2) by inserting at the end the following: "subpart ii-training in underserved communities "sec. 749b. rural physician training grants. "(a) in general.-the secretary, acting through the administrator of the health resources and services administration, shall establish a grant program for the purposes of assisting eligible entities in recruiting students most likely to practice medicine in underserved rural communities, providing rural-focused training and experience, and increasing the number of recent allopathic and osteopathic medical school graduates who practice in

underserved rural communities. "(b) eligible entities.-in order to be eligible to receive a grant under this section, an entity shall- "(1) be a school of allopathic or osteopathic medicine accredited by a nationally recognized accrediting agency or association approved by the secretary for this purpose, or any combination or consortium of such schools; and "(2) submit an application to the secretary that includes a certification that such entity will use amounts provided to the institution as described in subsection (d)(1). "(c) priority.-in awarding grant funds under this section, the secretary shall give priority to eligible entities that- "(1) demonstrate a record of successfully training students, as determined by the secretary, who practice medicine in underserved rural communities; "(2) demonstrate that an existing academic program of the eligible entity produces a high percentage, as determined by the

secretary, of graduates from such program who practice medicine in underserved rural communities; "(3) demonstrate rural community institutional partnerships, through such mechanisms as matching or contributory funding, documented in-kind services for implementation, or existence of training partners with interprofessional expertise in community health center training locations or other similar facilities; or "(4) submit, as part of the application of the entity under subsection (b), a plan for the long-term tracking of where the graduates of such entity practice medicine.

"(d) use of funds.- "(1) establishment.-an eligible entity receiving a grant under this section shall use the funds made available under such grant to establish, improve, or expand a rural-focused training program (referred to in this section as the 'program') meeting the requirements described in this subsection and to carry out such program. "(2) structure of program.-an eligible entity shall- "(a) enroll no fewer than 10 students per class year into the program; and "(b) develop criteria for admission to the program that gives priority to students- "(i) who have originated from or lived for a period of 2 or more years in an underserved rural community; and "(ii) who express a commitment to practice medicine in an underserved rural community. "(3) curricula.-the program shall require students to enroll in didactic coursework and clinical experience particularly applicable to medical practice in underserved rural communities, including-

"(a) clinical rotations in underserved rural communities, and in applicable specialties, or other coursework or clinical experience deemed appropriate by the secretary; and "(b) in addition to core school curricula, additional coursework or training experiences focused on medical issues prevalent in underserved rural communities. "(4) residency placement assistance.-where available, the program shall assist all students of the program in obtaining clinical training experiences in locations with postgraduate programs offering residency training opportunities in underserved rural communities, or in local residency training programs that support and train physicians to practice in underserved rural communities. "(5) program student cohort support.-the program shall provide and require all students of the program to participate in group activities designed to further develop, maintain, and reinforce the original commitment of such students to practice in an underserved rural

community. "(e) annual reporting.-an eligible entity receiving a grant under this section shall submit an annual report to the secretary on the success of the program, based on criteria the secretary determines appropriate, including the residency program selection of graduating students who participated in the program. "(f) regulations.-not later than 60 days after the date of enactment of this section, the secretary shall by regulation define 'underserved rural community' for purposes of this section. "(g) supplement not supplant.-any eligible entity receiving funds under this section shall use such funds to supplement, not supplant, any other federal, state, and local funds that would otherwise be expended by such entity to carry out the activities described in this section. "(h) maintenance of effort.-with respect to activities for which funds awarded under this section are to be expended, the entity shall agree to maintain

expenditures of non-federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives a grant under this section. "(i) authorization of appropriations.-there are authorized to be appropriated $4,000,000 for each of the fiscal years 2010 through 2013.". (m) (1) section 768 of the public health service act (42 u.s.c. 295c) is amended to read as follows: "sec. 768. preventive medicine and public health training grant program. "(a) grants.-the secretary, acting through the administrator of the health resources and services administration and in consultation with the director of the centers for disease control and prevention, shall award grants to, or enter into contracts with, eligible entities to provide training to graduate medical residents in

preventive medicine specialties. "(b) eligibility.-to be eligible for a grant or contract under subsection (a), an entity shall be- "(1) an accredited school of public health or school of medicine or osteopathic medicine; "(2) an accredited public or private nonprofit hospital; "(3) a state, local, or tribal health department; or "(4) a consortium of 2 or more entities described in paragraphs (1) through (3). "(c) use of funds.-amounts received under a grant or contract under this section shall be used to- "(1) plan, develop (including the development of curricula), operate, or participate in an accredited residency or internship program in preventive medicine or public health; "(2) defray the costs of practicum experiences, as required in such a program; and "(3) establish, maintain, or improve- "(a) academic administrative units (including departments, divisions, or other appropriate units) in preventive medicine

and public health; or "(b) programs that improve clinical teaching in preventive medicine and public health. "(d) report.-the secretary shall submit to the congress an annual report on the program carried out under this section.". (2) section 770(a) of the public health service act (42 u.s.c. 295e(a)) is amended to read as follows: "(a) in general.-for the purpose of carrying out this subpart, there is authorized to be appropriated $43,000,000 for fiscal year 2011, and such sums as may be necessary for each of the fiscal years 2012 through 2015.". (n) (1) subsection (i) of section 331 of the public health service act (42 u.s.c. 254d) of the public health service act is amended- (a) in paragraph (1), by striking "in carrying out subpart iii" and all that follows through the period and inserting "in carrying out

subpart iii, the secretary may, in accordance with this subsection, issue waivers to individuals who have entered into a contract for obligated service under the scholarship program or the loan repayment program under which the individuals are authorized to satisfy the requirement of obligated service through providing clinical practice that is half time."; (b) in paragraph (2)- (i) in subparagraphs (a)(ii) and (b), by striking "less than full time" each place it appears and inserting "half time"; (ii) in subparagraphs (c) and (f), by striking "less than full-time service" each place it appears and inserting "half-time service"; and (iii) by amending subparagraphs (d) and (e) to read as follows: "(d) the entity and the corps member agree in writing that the corps member will perform half-time clinical practice; "(e) the corps member agrees in writing to fulfill all of the service obligations under

section 338c through half-time clinical practice and either- "(i) double the period of obligated service that would otherwise be required; or "(ii) in the case of contracts entered into under section 338b, accept a minimum service obligation of 2 years with an award amount equal to 50 percent of the amount that would otherwise be payable for full-time service; and"; and (c) in paragraph (3), by striking "in evaluating a demonstration project described in paragraph (1)" and inserting "in evaluating waivers issued under paragraph (1)". (2) subsection (j) of section 331 of the public health service act (42 u.s.c. 254d) is amended by adding at the end the following: "(5) the terms 'full time' and 'full-time' mean a minimum of 40 hours per week in a clinical practice, for a minimum of 45 weeks per year. "(6) the terms 'half time' and 'half-time' mean a minimum of 20

hours per week (not to exceed 39 hours per week) in a clinical practice, for a minimum of 45 weeks per year.". (3) section 337(b)(1) of the public health service act (42 u.s.c. 254j(b)(1)) is amended by striking "members may not be reappointed to the council.". (4) section 338b(g)(2)(a) of the public health service act (42 u.s.c. 254l-1(g)(2)(a)) is amended by striking "$35,000" and inserting "$50,000, plus, beginning with fiscal year 2012, an amount determined by the secretary on an annual basis to reflect inflation,". (5) subsection (a) of section 338c of the public health service act (42 u.s.c. 254m), as amended by section 5508, is amended- (a) by striking the second sentence and inserting the following: "the secretary may treat teaching as clinical practice for up to 20 percent of

such period of obligated service."; and (b) by adding at the end the following: "notwithstanding the preceding sentence, with respect to a member of the corps participating in the teaching health centers graduate medical education program under section 340h, for the purpose of calculating time spent in full-time clinical practice under this section, up to 50 percent of time spent teaching by such member may be counted toward his or her service obligation.". sec. 10502. infrastructure to expand access to care. (a) appropriation.-there are authorized to be appropriated, and there are appropriated to the department of health and human services, $100,000,000 for fiscal year 2010, to remain available for obligation until september 30, 2011, to be used for debt service on, or direct construction or renovation of, a health care facility that provides research, inpatient tertiary care, or outpatient

clinical services. such facility shall be affiliated with an academic health center at a public research university in the united states that contains a state's sole public academic medical and dental school. (b) requirement.-amount appropriated under subsection (a) may only be made available by the secretary of health and human services upon the receipt of an application from the governor of a state that certifies that- (1) the new health care facility is critical for the provision of greater access to health care within the state; (2) such facility is essential for the continued financial viability of the state's sole public medical and dental school and its academic health center; (3) the request for federal support represents not more than 40 percent of the total cost of the proposed new facility; and (4) the state has established a dedicated funding mechanism to provide all remaining funds necessary to complete the construction or renovation of the proposed facility.

sec. 10503. community health centers and the national health service corps fund. (a) purpose.-it is the purpose of this section to establish a community health center fund (referred to in this section as the "chc fund"), to be administered through the office of the secretary of the department of health and human services to provide for expanded and sustained national investment in community health centers under section 330 of the public health service act and the national health service corps. (b) funding.-there is authorized to be appropriated, and there is appropriated, out of any monies in the treasury not otherwise appropriated, to the chc fund- (1) to be transferred to the secretary of health and human services to provide enhanced funding for the community health center program under section 330 of the public health service act- (a) $700,000,000 for fiscal year 2011; (b) $800,000,000 for fiscal year 2012; (c) $1,000,000,000 for fiscal year 2013; (d) $1,600,000,000 for fiscal

year 2014; and (e) $2,900,000,000 for fiscal year 2015; and (2) to be transferred to the secretary of health and human services to provide enhanced funding for the national health service corps- (a) $290,000,000 for fiscal year 2011; (b) $295,000,000 for fiscal year 2012; (c) $300,000,000 for fiscal year 2013; (d) $305,000,000 for fiscal year 2014; and (e) $310,000,000 for fiscal year 2015. (c) construction. there is authorized to be appropriated, and there is appropriated, out of any monies in the treasury not otherwise appropriated, $1,500,000,000 to be available for fiscal years 2011 through 2015 to be used by the secretary of health and human services for the construction and renovation of community health centers. (d) use of fund. the secretary of health and

human services shall transfer amounts in the chc fund to accounts within the department of health and human services to increase funding, over the fiscal year 2008 level, for community health centers and the national health service corps. (e) availability. amounts appropriated under subsections (b) and (c) shall remain available until expended. sec. 10504. demonstration project to provide access to affordable care. (a) in general. not later than 6 months after the date of enactment of this act, the secretary of health and human services (referred to in this section as the "secretary"), acting through the health resources and services administration, shall establish a 3 year demonstration project in up to 10 states to provide access to comprehensive health care services to the uninsured at reduced fees. the secretary shall evaluate the feasibility of expanding the project to additional states.

(b) eligibility. to be eligible to participate in the demonstration project, an entity shall be a state-based, nonprofit, public-private partnership that provides access to comprehensive health care services to the uninsured at reduced fees. each state in which a participant selected by the secretary is located shall receive not more than $2,000,000 to establish and carry out the project for the 3-year demonstration period. (c) authorization. there is authorized to be appropriated such sums as may be necessary to carry out this section. subtitle f-provisions relating to title vi sec. 10601. revisions to limitation on medicare exception to the prohibition on certain physician referrals for hospitals. (a) in general. section 1877(i) of the social security act, as added by section 6001(a), is amended- (1) in paragraph (1)(a)(i), by striking "february 1, 2010" and inserting "august 1, 2010"; and (2) in paragraph (3)(a)- (a) in clause (iii), by striking "august 1, 2011" and inserting

"february 1, 2012"; and (b) in clause (iv), by striking "july 1, 2011" and inserting "january 1, 2012". (b) conforming (b) conforming amendment. section 6001(b)(2) of this act is amended by striking "november 1, 2011" and inserting "may 1, 2012". sec. 10602. clarifications to patient-centered outcomes research. section 1181 of the social security act (as added by section 6301) is amended- (1) in subsection (d)(2)(b)- (a) in clause (ii)(iv)- (i) by inserting ", as described in subparagraph (a)(ii)," after "original research"; and (ii) by inserting ", as long as the researcher enters into a data use agreement with the institute for use of the data from the original research, as appropriate" after "publication"; and (b) by amending clause (iv) to read as follows:

"(iv) subsequent use of the data. the institute shall not allow the subsequent use of data from original research in work-for-hire contracts with individuals, entities, or instrumentalities that have a financial interest in the results, unless approved under a data use agreement with the institute."; (2) in subsection (d)(8)(a)(iv), by striking "not be construed as mandates for" and inserting "do not include"; and (3) in subsection (f)(1)(c), by amending clause (ii) to read as follows: "(ii) 7 members representing physicians and providers, including 4 members representing physicians (at least 1 of whom is a surgeon), 1 nurse, 1 state-licensed integrative health care practitioner, and 1 representative of a hospital." sec. 10603. striking provisions relating to individual provider application fees.

(a) in general. section 1866(j)(2)(c) of the social security act, as added by section 6401(a), is amended- (1) by striking clause (i); (2) by redesignating clauses (ii) through (iv), respectively, as clauses (i) through (iii); and (3) in clause (i), as redesignated by paragraph (2), by striking "clause (iii)" and inserting "clause (ii)". (b) technical (b) technical correction. section 6401(a)(2) of this act is amended to read as follows: "(2) by redesignating paragraph (2) as paragraph (8); and". sec. 10604. technical correction to section 6405. paragraphs (1) and (2) of section 6405(b) are amended to read as follows: "(1) part a. section 1814(a)(2) of the social security act (42 u.s.c. 1395(a)(2)) is amended in the matter preceding subparagraph (a) by inserting ', or, in the

case of services described in subparagraph (c), a physician enrolled under section 1866(j),' after 'in collaboration with a physician,' "(2) part b. section 1835(a)(2) of the social security act (42 u.s.c. 1395n(a)(2)) is amended in the matter preceding subparagraph (a) by inserting ', or, in the case of services described in subparagraph (a), a physician enrolled under section 1866(j),' after 'a physician'.". sec. 10605. certain other providers permitted to conduct face to face encounter for home health services. (a) part a. section 1814(a)(2)(c) of the social security act (42 u.s.c. 1395f(a)(2)(c)), as amended by section 6407(a)(1), is amended by inserting ", or a nurse practitioner or clinical nurse specialist (as those terms are

defined in section 1861(aa)(5)) who is working in collaboration with the physician in accordance with state law, or a certified nurse-midwife (as defined in section 1861(gg)) as authorized by state law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of the physician," after "himself or herself". (b) part b. section 1835(a)(2)(a)(iv) of the social security act, as added by section 6407(a)(2), is amended by inserting ", or a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) who is working in collaboration with the physician in accordance with state law, or a certified nurse-midwife (as defined in section 1861(gg)) as authorized by state law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of the physician,"

after "must document that the physician". sec. 10606. health care fraud enforcement. (a) fraud sentencing guidelines. (1) definition. in this subsection, the term "federal health care offense" has the meaning given that term in section 24 of title 18, united states code, as amended by this act. (2) review and amendments.-pursuant to the authority under section 994 of title 28, united states code, and in accordance with this subsection, the united states sentencing commission shall- (a) review the federal sentencing guidelines and policy statements applicable to persons convicted of federal health care offenses; (b) amend the federal sentencing guidelines and policy statements applicable to persons convicted of federal health care offenses involving government health care programs to provide that the aggregate dollar amount of fraudulent bills submitted to the government health care program shall constitute prima facie evidence of the amount of the intended loss by the defendant; and

(c) amend the federal sentencing guidelines to provide- (i) a 2-level increase in the offense level for any defendant convicted of a federal health care offense relating to a government health care program which involves a loss of not less than $1,000,000 and less than $7,000,000; (ii) a 3-level increase in the offense level for any defendant convicted of a federal health care offense relating to a government health care program which involves a loss of not less than $7,000,000 and less than $20,000,000; (iii) a 4-level increase in the offense level for any defendant convicted of a federal health care offense relating to a government health care program which involves a loss of not less than $20,000,000; and (iv) if appropriate, otherwise amend the federal sentencing guidelines and policy statements applicable to persons convicted of federal health care offenses involving government health care programs. (3) requirements. in carrying this subsection, the united states sentencing commission shall- (a) ensure that the federal sentencing guidelines and policy statements-

(i) reflect the serious harms associated with health care fraud and the need for aggressive and appropriate law enforcement action to prevent such fraud; and (ii) provide increased penalties for persons convicted of health care fraud offenses in appropriate circumstances; (b) consult with individuals or groups representing health care fraud victims, law enforcement officials, the health care industry, and the federal judiciary as part of the review described in paragraph (2); (c) ensure reasonable consistency with other relevant directives and with other guidelines under the federal sentencing guidelines; (d) account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the federal sentencing guidelines, as in effect on the date of enactment of this act, provide sentencing enhancements; (e) make any necessary conforming changes to the federal sentencing guidelines; and (f) ensure that the federal sentencing guidelines adequately meet the purposes of sentencing. (b) intent requirement for

health care fraud. section 1347 of title 18, united states code, is amended- (1) by inserting "(a)" before "whoever knowingly"; and (2) by adding at the end the following: "(b) with respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section.". (c) health care fraud offense.-section 24(a) of title 18, united states code, is amended- (1) in paragraph (1), by striking the semicolon and inserting "or section 1128b of the social security act (42 u.s.c. 1320a-7b); or"; and (2) in paragraph (2)- (a) by inserting "1349," after "1343,"; and (b) by inserting "section 301 of the federal food, drug, and cosmetic act (21 u.s.c. 331), or section 501 of the employee retirement income security act of 1974 (29 u.s.c. 1131)," after "title,". (d) subpoena authority relating to health care.

(1) subpoenas under the health insurance portability and accountability act of 1996.-section 1510(b) of title 18, united states code, is amended- (a) in paragraph (1), by striking "to the grand jury"; and (b) in paragraph (2)- (i) in subparagraph (a), by striking "grand jury subpoena" and inserting "subpoena for records"; and (ii) in the matter following subparagraph (b), by striking "to the grand jury". (2) subpoenas under the civil rights of institutionalized persons act. the civil rights of institutionalized persons act (42 u.s.c. 1997 et seq.) is amended by inserting after section 3 the following: "sec. 3a. subpoena authority. "(a) authority.-the attorney general, or at the direction of the attorney general, any officer or employee of the department of justice may require by subpoena access to any institution that is the subject of an investigation

under this act and to any document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording, or quality assurance report relating to any institution that is the subject of an investigation under this act to determine whether there are conditions which deprive persons residing in or confined to the institution of any rights, privileges, or immunities secured or protected by the constitution or laws of the united states. "(b) issuance and enforcement of subpoenas. "(1) issuance.-subpoenas issued under this section- "(a) shall bear the signature of the attorney general or any officer or employee of the department of justice as designated by the attorney general; and "(b) shall be served by any person or class of persons designated by the attorney general or a designated officer or employee for that purpose. "(2) enforcement.-in the case of contumacy or failure to obey a

subpoena issued under this section, the united states district court for the judicial district in which the institution is located may issue an order requiring compliance. any failure to obey the order of the court may be punished by the court as a contempt that court. "(c) protection of subpoenaed records and information.-any document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording, or quality assurance report or other information obtained under a subpoena issued under this section- "(1) may not be used for any purpose other than to protect the rights, privileges, or immunities secured or protected by the constitution or laws of the united states of persons who reside, have resided, or will reside in an institution; "(2) may not be transmitted by or within the department of justice for any purpose other than to protect the rights,

privileges, or immunities secured or protected by the constitution or laws of the united states of persons who reside, have resided, or will reside in an institution; and "(3) shall be redacted, obscured, or otherwise altered if used in any publicly available manner so as to prevent the disclosure of any personally identifiable information.". sec. 10607. state demonstration programs to evaluate alternatives to current medical tort litigation. part p of title iii of the public health service act (42 u.s.c. 280g et seq.), as amended by this act, is further amended by adding at the end the following: "sec. 399v-4. state demonstration programs to evaluate alternatives to current medical tort litigation. "(a) in general. the secretary is authorized to award demonstration grants to states for the development, implementation, and evaluation of alternatives to current tort litigation for resolving disputes over injuries allegedly

caused by health care providers or health care organizations. in awarding such grants, the secretary shall ensure the diversity of the alternatives so funded. "(b) duration.-the secretary may award grants under subsection (a) for a period not to exceed 5 years. "(c) conditions for demonstration grants. "(1) requirements. each state desiring a grant under subsection (a) shall develop an alternative to current tort litigation that- "(a) allows for the resolution of disputes over injuries allegedly caused by health care providers or health care organizations; and "(b) promotes a reduction of health care errors by encouraging the collection and analysis of patient safety data related to disputes resolved under subparagraph (a) by

organizations that engage in efforts to improve patient safety and the quality of health care. "(2) alternative to current tort litigation. each state desiring a grant under subsection (a) shall demonstrate how the proposed alternative described in paragraph (1)(a)- "(a) makes the medical liability system more reliable by increasing the availability of prompt and fair resolution of disputes; "(b) encourages the efficient resolution of disputes; "(c) encourages the disclosure of health care errors; "(d) enhances patient safety by detecting, analyzing, and helping to reduce medical errors and adverse events; "(e) improves access to liability insurance; "(f) fully informs patients about the differences in the alternative and current tort litigation; "(g) provides patients the

ability to opt out of or voluntarily withdraw from participating in the alternative at any time and to pursue other options, including litigation, outside the alternative; "(h) would not conflict with state law at the time of the application in a way that would prohibit the adoption of an alternative to current tort litigation; and "(i) would not limit or curtail a patient's existing legal rights, ability to file

health care payer or patient population. "(b) notification of patients. a state shall demonstrate how patients would be notified that they are receiving health care services that fall within such scope, and the process by which they may opt out of or voluntarily withdraw from participating in the alternative. the decision of the patient whether to participate or continue participating in the alternative process shall be made at any time and shall not

be limited in any way. "(5) preference in awarding demonstration grants. in awarding grants under subsection (a), the secretary shall give preference to states- "(a) that have developed the proposed alternative through substantive consultation with relevant stakeholders, including patient advocates, health care providers and health care organizations, attorneys with expertise in representing patients and health care providers, medical malpractice insurers, and patient safety experts; "(b) that make proposals that are likely to enhance patient safety by detecting, analyzing, and helping to reduce medical errors and adverse events; and "(c) that make proposals that are likely to improve access to liability insurance. "(d) application.- "(1) in general.-each state desiring a grant under

subsection (a) shall submit to the secretary an application, at such time, in such manner, and containing such information as the secretary may require. "(2) review panel.- "(a) in general.-in reviewing applications under paragraph (1), the secretary shall consult with a review panel composed of relevant experts appointed by the comptroller general. "(b) composition. "(i) nominations. the comptroller general shall solicit nominations from the public for individuals to serve on the review panel. "(ii) appointment. the comptroller general shall appoint, at least 9 but not more than 13, highly qualified and knowledgeable individuals to serve on the review panel and shall ensure that the following entities receive fair representation on such panel: "(i) patient advocates. "(ii) health care providers and health care organizations. "(iii) attorneys with expertise in representing patients and health care providers. "(iv) medical malpractice insurers. "(v) state officials. "(vi) patient safety experts.

"(c) chairperson. the comptroller general, or an individual within the government accountability office designated by the comptroller general, shall be the chairperson of the review panel. "(d) availability of information. the comptroller general shall make available to the review panel such information, personnel, and administrative services and assistance as the review panel may reasonably require to carry out its duties. "(e) information from agencies. the review panel may request directly from any department or agency of the united states any information that such panel considers necessary to carry out its duties. to the extent consistent with applicable laws and regulations, the head of such department or agency shall furnish the requested information to the review panel. "(e) reports.- "(1) by state.-each state receiving a grant under subsection (a) shall submit to

the secretary an annual report evaluating the effectiveness of activities funded with grants awarded under such subsection. such report shall, at a minimum, include the impact of the activities funded on patient safety and on the availability and price of medical liability insurance. "(2) by secretary. the secretary shall submit to congress an annual compendium of the reports submitted under paragraph (1) and an analysis of the activities funded under subsection (a) that examines any differences that result from such activities in terms of the quality of care, number and nature of medical errors, medical resources used, length of time for dispute resolution, and the availability and price of liability insurance. "(f) technical assistance. "(1) in general. the secretary shall provide technical assistance to the states applying for or awarded grants under subsection (a). "(2) requirements. technical assistance under paragraph (1) shall include-

"(a) guidance on non-economic damages, including the consideration of individual facts and circumstances in determining appropriate payment, guidance on identifying avoidable injuries, and guidance on disclosure to patients of health care errors and adverse events; and "(b) the development, in consultation with states, of common definitions, formats, and data collection infrastructure for states receiving grants under this section to use in reporting to facilitate aggregation and analysis of data both within and between states. "(3) use of common definitions, formats, and data collection infrastructure. states not receiving grants under this section may also use the common definitions, formats, and data collection infrastructure developed under paragraph (2)(b).

"(g) evaluation. "(1) in general. the secretary, in consultation with the review panel established under subsection (d)(2), shall enter into a contract with an appropriate research organization to conduct an overall evaluation of the effectiveness of grants awarded under subsection (a) and to annually prepare and submit a report to congress. such an evaluation shall begin not later than 18 months following the date of implementation of the first program funded by a grant under subsection (a). "(2) contents. the evaluation under paragraph (1) shall include- "(a) an analysis of the effects of the grants awarded under subsection (a) with regard to the measures described in paragraph (3); "(b) for each state, an analysis of the extent to which the alternative developed under subsection (c)(1) is effective in meeting the elements described in subsection (c)(2); "(c) a comparison among the

states receiving grants under subsection (a) of the effectiveness of the various alternatives developed by such states under subsection (c)(1); "(d) a comparison, considering the measures described in paragraph (3), of states receiving grants approved under subsection (a) and similar states not receiving such grants; and "(e) a comparison, with regard to the measures described in paragraph (3), of- "(i) states receiving grants under subsection (a); "(ii) states that enacted, prior to the date of enactment of the patient protection and affordable care act, any cap on non-economic damages; and "(iii) states that have enacted, prior to the date of enactment of the patient protection and affordable care act, a requirement that the complainant obtain an opinion regarding the merit of the claim, although the substance of such opinion may have no bearing on whether the

complainant may proceed with a case. "(3) measures. the evaluations under paragraph (2) shall analyze and make comparisons on the basis of- "(a) the nature and number of disputes over injuries allegedly caused by health care providers or health care organizations; "(b) the nature and number of claims in which tort litigation was pursued despite the existence of an alternative under subsection (a); "(c) the disposition of disputes and claims, including the length of time and estimated costs to all parties; "(d) the medical liability environment; "(e) health care quality; "(f) patient safety in terms of detecting, analyzing, and helping to reduce medical errors and adverse events; "(g) patient and health care provider and organization satisfaction with the alternative under subsection (a) and with the medical liability environment; and "(h) impact on utilization of

medical services, appropriately adjusted for risk. "(4) funding. the secretary shall reserve 5 percent of the amount appropriated in each fiscal year under subsection (k) to carry out this subsection. "(h) medpac and macpac reports. "(1) medpac. the medicare payment advisory commission shall conduct an independent review of the alternatives to current tort litigation that are implemented under grants under subsection (a) to determine the impact of such alternatives on the medicare program under title xviii of the social security act, and its beneficiaries. "(2) macpac. the medicaid and chip payment and access commission shall conduct an independent review of the alternatives to current tort litigation that are implemented under grants under subsection (a) to determine the impact of such alternatives on the medicaid or chip programs under

titles xix and xxi of the social security act, and their beneficiaries. "(3) reports. not later than december 31, 2016, the medicare payment advisory commission and the medicaid and chip payment and access commission shall each submit to congress a report that includes the findings and recommendations of each respective commission based on independent reviews conducted under paragraphs (1) and (2), including an analysis of the impact of the alternatives reviewed on the efficiency and effectiveness of the respective programs. "(i) option to provide for initial planning grants. of the funds appropriated pursuant to subsection (k), the secretary may use a portion not to exceed $500,000 per state to provide planning grants to such states for the development of demonstration project applications meeting the criteria described in subsection

(c). in selecting states to receive such planning grants, the secretary shall give preference to those states in which state law at the time of the application would not prohibit the adoption of an alternative to current tort litigation. "(j) definitions.-in this section: "(1) health care services.-the term 'health care services' means any services provided by a health care provider, or by any individual working under the supervision of a health care provider, that relate to- "(a) the diagnosis, prevention, or treatment of any human disease or impairment; or "(b) the assessment of the health of human beings. "(2) health care organization.-the term 'health care organization' means any individual or entity which is obligated to provide, pay for, or administer health benefits under any health plan. "(3) health care provider.-the term 'health care provider' means any individual or entity- "(a) licensed, registered, or certified under federal or state laws or regulations to provide health care services; or

"(b) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. "(k) authorization of appropriations.-there are authorized to be appropriated to carry out this section, $50,000,000 for the 5-fiscal year period beginning with fiscal year 2011. "(l) current state efforts to establish alternative to tort litigation.-nothing in this section shall be construed to limit any prior, current, or future efforts of any state to establish any alternative to tort litigation. "(m) rule of construction.-nothing in this section shall be construed as limiting states' authority over or responsibility for their state justice systems.". sec. 10608. extension of medical malpractice coverage to free clinics. (a) in general.-section 224(o)(1) of the public health

service act (42 u.s.c. 233(o)(1)) is amended by inserting after "to an individual" the following: ", or an officer, governing board member, employee, or contractor of a free clinic shall in providing services for the free clinic,". (b) effective date.-the amendment made by this section shall take effect on the date of enactment of this act and apply to any act or omission which occurs on or after that date. sec. 10609. labeling changes. section 505(j) of the federal food, drug, and cosmetic act (21 u.s.c. 355(j)) is amended by adding at the end the following: "(10) (a) if the proposed labeling of a drug that is the subject of an application under this subsection differs from the listed drug due to a labeling

revision described under clause (i), the drug that is the subject of such application shall, notwithstanding any other provision of this act, be eligible for approval and shall not be considered misbranded under section 502 if- "(i) the application is otherwise eligible for approval under this subsection but for expiration of patent, an exclusivity period, or of a delay in approval described in paragraph (5)(b)(iii), and a revision to the labeling of the listed drug has been approved by the secretary within 60 days of such expiration; "(ii) the labeling revision described under clause (i) does not include a change to the 'warnings' section of the labeling; "(iii) the sponsor of the application under this subsection agrees to submit revised labeling of the drug that is the subject of such application not later than 60

days after the notification of any changes to such labeling required by the secretary; and "(iv) such application otherwise meets the applicable requirements for approval under this subsection. "(b) if, after a labeling revision described in subparagraph (a)(i), the secretary determines that the continued presence in interstate commerce of the labeling of the listed drug (as in effect before the revision described in subparagraph (a)(i)) adversely impacts the safe use of the drug, no application under this subsection shall be eligible for approval with such labeling.". subtitle g-provisions relating to title viii sec. 10801. provisions relating to title viii. (a) title xxxii of the public health service act, as added by section 8002(a)(1), is amended- (1) in section 3203-

(a) in subsection (a)(1), by striking subparagraph (e); (b) in subsection (b)(1)(c)(i), by striking "for enrollment" and inserting "for reenrollment"; and (c) in subsection (c)(1), by striking ", as part of their tomatic enrollment in the class program,"; and (2) in section 3204- (a) in subsection (c)(2), by striking subparagraph (a) and inserting the following: "(a) receives wages or income on which there is imposed a tax under section 3101(a) or 3201(a) of the internal revenue code of 1986; or"; (b) in subsection (d), by striking "subparagraph (b) or (c) of subsection (c)(1)" and inserting "subparagraph (a) or (b) of subsection (c)(2)"; (c) in subsection (e)(2)(a), by striking "subparagraph (a)" and inserting "paragraph (1)"; and

(d) in subsection (g)(1), by striking "has elected to waive enrollment" and inserting "has not enrolled". (b) section 8002 of this act is amended in the heading for subsection (d), by striking "information on supplemental coverage" and inserting "class program information". (c) section 6021(d)(2)(a)(iv) of the deficit reduction act of 2005, as added by section 8002(d) of this act, is amended by striking "and coverage available" and all that follows through "that program,". subtitle h-provisions relating to title ix sec. 10901. modifications to excise tax on high cost employer-sponsored health coverage. (a) longshore workers treated as employees engaged in high-risk professions.-paragraph (3) of

section 4980i(f) of the internal revenue code of 1986, as added by section 9001 of this act, is amended by inserting "individuals whose primary work is longshore work (as defined in section 258(b) of the immigration and nationality act (8 u.s.c. 1288(b)), determined without regard to paragraph (2) thereof), " before "and individuals engaged in the construction, mining". (b) exemption from high-cost insurance tax includes certain additional excepted benefits.-clause (i) of section 4980i(d)(1)(b) of the internal revenue code of 1986, as added by section 9001 of this act, is amended by striking "section 9832(c)(1)(a)" and inserting "section 9832(c)(1) (other than

subparagraph (g) thereof)". (c) effective date.-the amendments made by this section shall apply to taxable years beginning after december 31, 2012. sec. 10902. inflation adjustment of limitation on health flexible spending arrangements under cafeteria plans. (a) in general.-subsection (i) of section 125 of the internal revenue code of 1986, as added by section 9005 of this act, is amended to read as follows: "(i) limitation on health flexible spending arrangements.- "(1) in general.-for purposes of this section, if a benefit is provided under a cafeteria plan through employer contributions to a health flexible spending arrangement, such benefit shall not be treated as a qualified benefit unless the cafeteria

plan provides that an employee may not elect for any taxable year to have salary reduction contributions in excess of $2,500 made to such arrangement. "(2) adjustment for inflation.-in the case of any taxable year beginning after december 31, 2011, the dollar amount in paragraph (1) shall be increased by an amount equal to- "(a) such amount, multiplied by "(b) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting 'calendar year 2010' for 'calendar year 1992' in subparagraph (b) thereof. if any increase determined under this paragraph is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.". (b) effective date.-the amendment made by this section

shall apply to taxable years beginning after december 31, 2010. sec. 10903. modification of limitation on charges by charitable hospitals. (a) in general.-subparagraph (a) of section 501(r)(5) of the internal revenue code of 1986, as added by section 9007 of this act, is amended by striking "the lowest amounts charged" and inserting "the amounts generally billed". (b) effective date.-the amendment made by this section shall apply to taxable years beginning after the date of the enactment of this act. sec. 10904. modification of annual fee on medical device manufacturers and importers. (a) in general.-section 9009 of this act is amended- (1) by striking "2009" in subsection (a)(1) and inserting "2010" (2) by inserting

"($3,000,000,000 after 2017)" after "$2,000,000,000", and (3) by striking "2008" in subsection (i) and inserting "2009". (b) effective date.-the amendments made by this section shall take effect as if included in the enactment of section 9009. sec. 10905. modification of annual fee on health insurance providers. (a) determination of fee amount.-subsection (b) of section 9010 of this act is amended to read as follows: "(b) determination of fee amount.- "(1) in general.-with respect to each covered entity, the fee under this section for any calendar year shall be equal to an amount that bears the same ratio to the applicable amount as-

"(a) the covered entity's net premiums written with respect to health insurance for any united states health risk that are taken into account during the preceding calendar year, bears to "(b) the aggregate net premiums written with respect to such health insurance of all covered entities that are taken into account during such preceding calendar year. "(2) amounts taken into account.-for purposes of paragraph (1), the net premiums written with respect to health insurance for any united states health risk that are taken into account during any calendar year with respect to any covered entity shall be determined in accordance with the following table: with respect to a covered entity's net premiums written during the calendar year that are:the not more than $25,000,0000 percent.

more than $25,000,000 but not more than $50,000,00050 percent. more than $50,000,000 100 percent. "(3) secretarial determination.-the secretary shall calculate the amount of each covered entity's fee for any calendar year under paragraph (1). in calculating such amount, the secretary shall determine such covered entity's net premiums written with respect to any united states health risk on the basis of reports submitted by the covered entity under subsection (g) and through the use of any other source of information available to the secretary.". (b) applicable amount.-subsection (e) of section 9010 of this act is amended to read as follows: "(e) applicable amount.-for purposes of subsection (b)(1), the applicable amount shall be determined in accordance with the following table: calendar year 2011 $2,000,000,000.âc.

2012 $4,000,000,000.âc. 2013 2014, 2015 and 2016 $9,000,000,000. 2017 and thereafter $10,000,000,000. (c) exemption from annual fee on health insurance for certain nonprofit entities.-section 9010(c)(2) of this act is amended by striking "or" at the end of subparagraph (a), by striking the period at the end of subparagraph (b) and inserting a comma, and by adding at the end the following new subparagraphs: "(c) any entity- "(i) (i) which is incorporated as, is a wholly owned subsidiary of, or is a wholly owned affiliate of, a nonpro

ja brawl. >> this month a net impact, the best of 2009. tough man on the ice. alex the great ovenchin. and why fame and fortune has not changed him. and paying tribute to a man that taught everybody about the game. >> and then a dream comes true for one high school baseball player, a story that will warm your heart holiday season.

>> hello and welcome to this special edition of net impact. i'm art fa nel. this is the best of 2009 report where we look back at some of the stories that touched most and kept us talking. like the first report that we called a father's tribute when we went under the lights on the biggest stage in major league baseball where yankee catcher jose molina could not help but reflect on the death of his father. this year was particularly emotional for all of the brothers. we begin the coverage of a truly remarkable story. >> they are the quintessential baseball family, the molinas, ben gypping, jose and yadar, a

rare feat three brothers playing ints. the backbone is gone. ben molina santana passed away at at the age of 58. >> it is like somebody take your heart and threw it in the trash. >> his passing was stunning between games of a youth double-header. games played on the feel where he built them from scratch. >> he had high blood pressure and he wasn't taking his pills and he was going to the fields andmaing it. all of it got his blood pressure off and that's when he had the heart attack. >> the funeral within the community where he lived. >> it was a major thing seeing 3 or 4000 people in two or three days showing respect, the most respect that they have for my dad. you have to be there to know how

the kids were crying. i'm talking about nine, ten years old. >> my dad was a great man. he tried to help the little kids and got a bunch of teams. >> he died doing what he loved. he built that field literally. to die there was a special moment for him. >> a special moment as a special place, the ball feel which is such a community landmark and it's street builds the architect's name, it was on that field that a father taught his three kids had to play the game and how to live life through the game. >> he teach us about be a good player every day and try to be better every day we became a man through baseball. he wasn't only baseball, he was the others things first like during the school, doing your homework and don't do drugs and don't do this. and then you play baseball.

that's the way he taught us. >> among the invaluable life lessons, the importance of sacrifice. little known fact, ben molina had the chance to personally blaze his son's trail to the big leagues about the time benji was born the hitter in the amateur league was offered to try out with the briars and his decision to raise his family at home might be the reasons his sons make their living behind home. >> he is a very strong guy. he had a lot of respect. he worked from five a.m. to 3:30 every single day for that m years. to tell you the truth, i never heard him complain once. i never heard that man complain one time of taking us to the field. >> he always had a smile and he was always there for you and his heart just -- the way my dad

was, the tissue, everything, gave you everything he had for his family. >> now, as we approach the one year anniversary of his passing, the mo lipa brothers celebrate his father. they look at the letter he put in his casket. >> it will be a tough time without him and that i love him very much. >> benji channels his father's spirit by putting pens of words in a poem. >> thank you for loving me more now than ever, you are who i am today, you make me in soul, now it is my turn to love you, rest in piece. i love you. >> of course the season had a

bitter sweet ending for jose, the yanks would go on to win the world series and with that win jose picked up his second world series ring, he received the first one along with his brother ben gypping with the and gers, his brother yad dar won a ring with the cardinals in 2006. of course the entire baseball community in the city of brotherly love was saddened this year with the passing of one of the game's great announcer, hall of famer harry callus. he was one of those class acts that for so many of us made the moments on the field magical. derrick gunn reports on the voice we lost. >> this afternoon at a little past 1:00 p.m., harry callus passed away at the age of 73, a day that will live in imfa knee

in philadelphia. >> this ball is out of here!. the philadelphia phillies are 2008 world champions of baseball! >> a voice so distinct and recognizable emma knitting from a man that ca necked with fans throughout his career that took him from hawaii to houston to philadelphia. >> harry always had time to sign an you to graph, he always had time to take a picture with a fan. fans could would come up and hand him his cell phone and ask if he would record his outgoing message. >> you have reached kathy and kevin and they are not in writing now. >> it is out of here! >> it is a voice that provided the sound track for nfl films for 34 years. >> whatever we asked for harry delivered and he did it on the spot, he would would hand him the script and we expected

perfection and got it. >> we got the ball back in 57 seconds, a chance for both teams. >> upon the news of his passing, fans in philadelphia create add make-shift memorial outside of citizen's park with candles pile out. the phillies flag flew at half-staff. >> i literally grew up only listening and knowing the voice of harry callus for the phillies. >> the thing about it is that he probably passed up in the booth the way -- being in the place that he would have loved. >> thankfully we have his voice to throw back in the vcr and listen to, he will be missed. he was a great person. >> less than a week later thousands took part in a public meme for harry inside of citizens' bank park family and friends came out to pay their final respect to the philadelphia icon.

for all of us i believe i can look up and say harry, thank you for entering all of our lives and making them better and our prayers are that god's love and grace will you with you and your family forever. [applause] >> sanedoff so grand it had only been done on the baseball diamond two other times. for babe ruth and for legendarychart broadcaster jack carr. >> i'm a phillies fan that is feeling a tremendous loss today. i got to know harry when he first started broadcasting phillies game in 1971 and i was a 9-year-old fan tuning in. that is when i met the voice. >> the phillies organization is honoring his memory with patches on the uniforms over their hearts. a broadcast booth is now named

in callus' honor ant 7th season stretch featuring a song that allows harry's voice and personality to take over. >> when you are done, look around. he had high hopes. >> so while the city of philadelphia and its baseball team and football fans across america may have lost the voice, they will never forget it and as the tribute continues on, the impact of harry callus, the broadcaster and the person will never subside. >> in a world away, two nfl players on a humanitarian mission literally save a little girl's life. >> i couldn't believe what was happening. >> you will hear the inspiring l

of their lives. >> one story inspired all of us to do better. what started out as a humanitarian mission to africa for two nfl play earths from the chicago bears ended up in a life saving mission. from sports net chicago, here is dan higgins with the story we called gridiron guardian. >> i think god has put people in the right time and place for things like this situation like this. we didn't pass the buck. >> two defensive line men and two teammates united in a goal to establish nfl supremacy. away from football there's another purpose that unites them. in a place a world away from soldier feel. >> during the off season the two bears were joined by teammate tommy harris on a special trip to nigeria for willie and who say born in to royalty, the

africa journey was a home coming. >> this trip was two fold, we wanted for have a football camp where we were teaching nfl style football to youth and have a mel clinic where we were servicing world cities in -- outside of laos and the capital of nie jarya and it worked out well. >> they don't care about the football side. it is more like our sons are back. they are back from the united states and their long extended visit and they are back home and we get that kind of love and it is hard to explain, like a love that a mother has for their son and the whole country has it for us. >> our every day life, it doesn't matter who we are and where you are from and what you v you can all do little things to impact somebody's life. >> through football, wally and izzi can make an impact on countless fans but during the

trip, there was one child who made a huge impact on them. a 4-year-old lady named shakier asman. her smile and behind that was a sick girl in desperate need of health. she was born with a life threatening defect, a whole in her heart. as words spread about her condition an organization called the heart gift foundation was is able help but there was a page snag. airfare to the united states was not part of the funding. >> i was like it can't be happen tog this girl. so full of life, even when i wrote a letter, i said she is full a life. i started talking to people and fortunately, i met this

councilwoman who happens to be wally's aunt. she said my nephew who plays football in america is in town and he will step in and want to do something for you. >> wally's aunt came up to me and told me about the child and the situation and spoke with the mother and it was just when you look ate, it is a no-brainer, beautiful young girl and just needs the operation to get on the right track. >> both wally and izzi pulled their resources for the flight that saved her life. they made the trip to austin, texas, the home of the heart gift foundation where saving children's lives is the people they are in. on april 13th, surgery was performed to correct her heart.

>> i was grateful. i couldn't believe what was happening. is this a dream? is this reality? >> shagoom is healthy and vie want the girl now with the help of everybody involved including two men with big hearts who saved the heart of one. >> we are the ones that received the blessings to touch this young girl's life and try to make a difference, to be a part of something so positive. they were the ones that walked away feeling like wow, it gives us a perspective on life. >> a fresh perspective on life also applies to my report on herb luck a forming runningback with the philadelphia eagles that now run force god. i traveled with pastor luck to africa where he runs a humanitarian mission called stand for africa and it stand for food and clean drinking

water for africa's people. the former 32 on the field has now been back to africa four times doing what he calls god's work. >> you know it is not just the professional athletes that are teaching us about teamwork and core and and in spa ration, all you have to do is take a look at this story that involves a baseball player and a team that changed what the word winning means. mindy report reported on a champion's heart. >> spring, a time for new beginnings, a familiar warmth of the sun on your back as many discover the love for the outdoors. in carmel california, a town with roots as deep at giant redwoods, one day the spring was different than the rest. meet women rudolph, team manager

for the carmel high school baseball team. >> very positive, polite and cracks funny jokes. >> kind of makes his own path in life. he has done it with a certain amount of creativity. >> he is a good catch. he listens and he is a teenager and he is a great kid. he loves life. >> will rudolph has a taxya, a mild form of sa rebbal palssy. a limitation with debilitating results potentially. over the years chores have become tougher, he has managed to stay focused on one of his true loves, baseball. >> made a do donation to children's make-a-wish foundation.

>> my illnesses not terminal. but getting in a ballgame will be true. >> my junior and senior year, i watched games. >> nothing could have prepared will for what was in store. the bottom of the 6th inning of carmel's final game of the season and will's dream was about to become reality. >> from the second i heard the coach say number 30 for 14, my eyes welded up and i started to cry and i was like his dream was coming true. >> i haven't been on the field in an actual baseball field in the game since i was like 8. i was pretty happy then. the coach was cool enough to put me in the game. >> will was just pinch running at 3rd base. >> i said you are not going to

run. >> the crowd was going crazy chanting his name. >> with cameron was in position a father was ready to catch a special moment for his son. >> my perception of what i should be doing ant angle i should have on the shot and how do i capture it the first time on the field. >> what happened next was something all in attendance will never forget. >> before the play actually i thought about it, they hit the ball to me and what was i going to do and it came to me and i cannot -- i actually paused for a second while i was running to 1st base and i was praying that he would throw me out instead of

will. >> running. thought they had an easy play. >> i tooked a look from 3rd base and i pointed at first. >> i was going to throw it from home but i don't know, something in my heart told me that was not the right thing to do. >> that warm moment of mutual respect and sportsman ship create add memory that will last a lifetime. >> truely, i didn't stop crying until pretty late that evening. because i saw him get lifted up and it was just a dream come true for my child. >> while the run was one of many in carmel's easy's run no

scoreboard could measure the impact it had on a young man with a dream. >> it's such a small thing that he wanted. after everything he has gone through to make it happen. it was the most wonderful moment i have had. >> both the coach to know my physical limitations and still put me in, that is amazing. south africa, an 8-year-old boy picked up the game of golf from his father. by the age of 9, he was already outplaying him. the odds of this gentle lad winning the junior world golf championships at the age of 14? 1 in 16 million. the odds of that same boy then making it to the u.s.

and european pro-golf tours? 1 in 7 million. the odds of the "big easy" winning the open championship once and the u.s. open championship twice? 1 in 780 million. the odds of this professional golfer having a child diagnosed with autism? 1 in 150. ernie els encourages you to learn the signs of autism at autismspeaks.org. early diagnosis can make a lifetime of difference. >> and still to come on this year's best of net impact are you ready for some racing? >> all right. here we go. more laps. my man dillon berger, we will go behind the wheel to show racing fans what it is like to go 120 miles per hour. stay right this because net

impact is coming right back. >> welcome back to the best of net impact 2009. >> you may remember our report on washington capital's alex ovenchin a player loaded with family and forks he has major endorsements and commercials and his own clothing line and that's just for starters. earlier we asked the hockey superstar if he is overwhelmed by all of his success. >> in washington it is a pretty cool thing. you go in a shop or you buy some stuff and shopping and people just say hey alex, good game last night, critical game. it is very fun. >> one more interesting thing, this tough guy on the ice actually admit that had he cries at movies. well, actually, so do i. go figure. finally, let's have some fun, some fast fun, some of the best work happened this year when our reporters got right in the

middle of the action in this case, speeding through the turn at 120 miles per hour at the famous dover international speedway for chris miller it was time to start your engine to see if he could survive the notorious monster mile. >> chris miller and don knee knew birring here's dover international stairway, year two of the monster mile experience, got the fan experience and i'm going behind the wheel, time to go drive. ten laps of fun, let's get it done. >> it's official, here is my pit pass and my name on it. if anything happens, put it in my meme mores. >> are now a semiprofessional race car driver. and maybe by the end of the day it will make you professional. >> it's that time. got to go put on my uniform and when i come back i will be a full fledged driver, i hope.

>> hey, buddy. thank you very much. >> make no mistake, if anything happens to me, you have to explain it to my wife. >> me and your wife have it worked out. >> is that why the insurance papers are out this morning? >> i'm moving right in. >> all right. here we go. more laps. my man don new berger. >> that was a tip, for us doing 120 miles per hour going into that first turn, you feel it. you feel it. and that was fun.

that was fun. >> i can't wait to do it myself just to see what it will feel like being on the left side of it and being on the right side of it, that was a rush. that was a rush, man. that was a rush. wow! >> all right, man. let's do this.

>> it will be all right. it will be all right. >> we are ready. i am ready. all of the teachings that don gave me for the past year-and-a-half i get to a my it and go around the monster mile, they don't call it that for a reason. that's it. let's go race. [ revving ] >> donnie, how did i do? >> what do you think hot rod. >> that was awesome. >> you look good. >> turns all right. >> not bad, for a rookie you did a great job. >> the hat man, call the hat man. >> all right. >> this is one of the toughest tracks, called the monster mile for a reason and it is a track you have to drive, you did all

right for your first time out. >> we appreciate it. >> i don't know if you are my backup yet but